Edwin Ejikeme v. Director Federal Bureau of Inv , 639 F. App'x 75 ( 2016 )


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  • ALD-240                                                        NOT PRECEDENTIAL
    UNITED STATES COURT OF APPEALS
    FOR THE THIRD CIRCUIT
    ___________
    No. 15-3910
    ___________
    EDWIN IKECHUKWU EJIKEME,
    Appellant
    v.
    DIRECTOR FEDERAL BUREAU OF INVESTIGATION, and his associates including
    his replacement if any; ESPERANTE S. TOVI, FBI agent with pseudo name Anulika
    ____________________________________
    On Appeal from the United States District Court
    for the Western District of Pennsylvania
    (D.C. Civil No. 2-15-cv-00008)
    District Judge David S. Cercone
    ____________________________________
    Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B)
    or Summary Action Under Third Circuit LAR 27.4 and I.O.P. 10.6
    April 28, 2016
    Before: AMBRO, SHWARTZ, and NYGAARD, Circuit Judges
    (Opinion filed May 6, 2016)
    _________
    OPINION*
    _________
    PER CURIAM
    *
    This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
    constitute binding precedent.
    Pro se appellant Edwin Ejikeme appeals from the judgment of the United States
    District Court for the Western District of Pennsylvania dismissing his complaint as
    frivolous. We will affirm.
    I.
    Ejikeme initiated this action in 2015 against Robert Mueller, Director of the FBI,
    and Esperante S. Tovi, an alleged FBI agent operating under the pseudonym Anulika. In
    his complaint, Ejikeme sets a forth a variety of fantastical allegations against these
    Defendants, including allegations that they attempted to infect him with HIV, placed him
    on domestic and international spy satellites, and falsely informed the managers of Family
    Dollar and Bottom Dollar that Ejiekeme was stealing merchandise from these stores.
    On November 9, 2015, after granting Ejikeme in forma pauperis status, the
    District Court dismissed his complaint as frivolous. Ejikeme filed a timely notice of
    appeal from this order on November 20, 2015.
    II.
    We have jurisdiction under 28 U.S.C. § 1291 and review the District Court’s
    dismissal of the complaint as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i) for abuse of
    discretion. See Denton v. Hernandez, 
    504 U.S. 25
    , 33 (1992).
    Section 1915(e)(2)(B)(i) “authorizes the dismissal of a[n IFP] complaint as
    factually frivolous if a court determines that the contentions are clearly baseless.”
    Deutsch v. United States, 
    67 F.3d 1080
    , 1085 (3d Cir. 1995). Here, Ejikeme’s allegations
    appear to arise from some type of imagined campaign by the FBI to infect him with HIV
    and otherwise harass and annoy him by stealing various personal items and smearing his
    2
    reputation at local discount stores. The District Court properly dismissed these claims as
    frivolous. 1 
    Denton, 504 U.S. at 33
    (“[A] finding of factual frivolousness is appropriate
    when the facts alleged rise to the level of the irrational or the wholly incredible, whether
    or not there are judicially noticeable facts available to contradict them.”).
    Accordingly, we will affirm the decision of the District Court.
    1
    We have reviewed Ejikeme’s argument in support of appeal, which contains similarly
    fantastical allegations against Mueller.
    3
    

Document Info

Docket Number: 15-3910

Citation Numbers: 639 F. App'x 75

Filed Date: 5/6/2016

Precedential Status: Non-Precedential

Modified Date: 1/13/2023